Madras High CourtWP/24702/2022disposed of

Thulasiappan Gankatharanayakar v. State Of Tamil Nadu

2024-03-12Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY 1.Thulasiappan Gankatharanayakar 2.R.Andi 3.D.Venkatesan : Petitioners Vs 1.State of Tamil Nadu Rep. by its Principal Secretary Revenue Department, Secretariat, Chennai-600 009.

2.The District Collector MXFG Plus PX3 District Collector Office Chengalpattu.

3.The District Registrar Registration Department JCK Nagar Chengalpattu 603 002.

4.S.Kalyankumar 5.Amudha 6.N.Ganesan 7.Indravel 8.S.Balamuthu 9.B.Subramani 10.Sundararaman 11.Shoba : Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents to consider the representation dated 04.04.2022 and remove the encroachments on the water body made by respondents 4 to 11 and other villagers in New Survey Nos.380/2 to an extent of 0.59 acres S.No.129/14 to an extent of 0.04 acres S.No.207/1 to an extent that is used as a pathway and fenced out areas in S.No.198/2 admeasuring 0.85 acres S.No.134/7 admeasuring 1.32 acres S.No.268/12 admeasuring 1.48 acres S/No.150/2 admeasuring 2.1 acres all situated in Thiruvadanthai Village Thiruporur Taluk, Chengalpattu District. For Petitioner :

Ms.V.Srimathi For Respondents 1 to 3 :

Mr.P.Harish, Government Advocate

ORDER

(Made by the Hon'ble Chief Justice) We have heard Ms.V.Srimathi, learned counsel for the petitioners and Mr.P.Harish, learned Government Advocate, for respondents 1 to 3.

2. Encroachment is alleged on a water body and pathway by respondents 4 to 11.

3. Learned Government Advocate submits that survey would be conducted within four months. If upon survey, encroachment is found,

then, steps in accordance with law to remove the encroachment would be taken.

4. In view of the said statement, the writ petition is disposed of. There shall be no order as to costs. WMP No.23647 of 2022 filed to permit the petitioners to join and file a single writ petition is allowed and disposed of.

(S.V.G., CJ.) (D.B.C., J.) 12.03.2024 Index : Yes/No : Yes/No tar To 1.The Principal Secretary Revenue Department, Secretariat, Chennai-600 009.

2.The District Collector MXFG Plus PX3 District Collector Office Chengalpattu.

3.The District Registrar Registration Department JCK Nagar Chengalpattu 603 002.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 12.03.2024